ILLINOIS POLLUTION CONTROL BOARD
    September 6, 2001
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    MOUND CITY,
     
    Respondent.
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    AC 02-4
    (IEPA No. 288-01-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by T.E. Johnson):
    On July 24, 2001, the Illinois Environmental Protection Agency (Agency) timely filed an
    administrative citation against Mound City.
    See
    415 ILCS 5/31.1(c) (2000); 35 Ill. Adm. Code
    108.202(c). The Agency alleges that Mound City violated Sections 21(p)(1) and (3) of the
    Environmental Protection Act (415 ILCS 5/21(p)(1),(3) (2000)). The Agency further alleges that
    Mound City violated these provisions by causing or allowing the open dumping of waste in a
    manner resulting in litter and open burning at its facility located south of Route 37 at the west
    end of Poplar Street in Mound City, Pulaski County, Illinois.
     
    As required, the Agency served the administrative citation on Mound City within “60
    days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2000);
    see also
    35 Ill. Adm.
    Code 108.202(b). On August 23, 2001, Mound City timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2000); 35 Ill. Adm. Code 108.204(b). Mound
    City denies that it is guilty of any violation alleged in the administrative citation.
    See
    35 Ill.
    Adm. Code 108.206. The Board accepts the petition for hearing.
     
    The Board directs the hearing officer to proceed expeditiously to hearing. The hearing
    officer will give the parties at least 21 days written notice of the hearing. 35 Ill. Adm. Code
    108.300;
    see also
    415 ILCS 5/31.1(d)(2) (2000). By contesting the administrative citation,
    Mound City may have to pay the hearing costs of the Board and the Agency.
    See
    415 ILCS
    5/42(b)(4-5) (2000); 35 Ill. Adm. Code 108.500. A schedule of the Board’s hearing costs is
    available at the Board’s offices and on the Board’s Web site <www.ipcb.state.il.us>. 35 Ill.
    Adm. Code 504.
     
    Mound City may withdraw its petition to contest the administrative citation at any time
    before the Board enters its final decision. If Mound City chooses to withdraw its petition, it must
    do so in writing, unless it does so orally at hearing.
    See
    35 Ill. Adm. Code 108.208. If Mound
    City withdraws its petition after the hearing starts, the Board will require Mound City to pay the
    hearing costs of the Board and Agency.
    See id.
    at 108.500(c).
      
    The Agency has the burden of proof at hearing.
    See
    415 ILCS 5/31.1(d)(2) (2000); 35 Ill.
    Adm. Code 108.400. If the Board finds that Mound City violated Sections 21(p)(1) and (3), the
    Board will impose civil penalties on Mound City. The civil penalty for violating Section 21(p) is
    $1,500 for a first offense and $3,000 for a second or subsequent offense. 415 ILCS 5/42(b)(4-5)
    (2000); 35 Ill. Adm. Code 108.500. However, if the Board finds that Mound City “has shown
    that the violation resulted from uncontrollable circumstances, the Board shall adopt a final order
    which makes no finding of violation and which imposes no penalty.” 415 ILCS 5/31.1(d)(2)
    (2000);
    see also
    35 Ill. Adm. Code 108.500(b).
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on September 6, 2001, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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